Title 42 — The Public Health and Welfare
Chapter 99 — Ocean Thermal Energy Conversion
§ 9122. Recordkeeping and public access to information
Statutory text
Records and reports
Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this chapter. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request.
Confidential information
Any information reported to or collected by the Administrator under this chapter which is exempt from disclosure pursuant to section 552(b)(4) of title 5 (relating to trade secrets and commercial or financial information which is privileged or confidential) shall not—
be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has—
determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and
notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or
be otherwise disclosed except—
to other Federal and adjacent coastal State government departments and agencies for official use,
to any committee of the Congress of appropriate jurisdiction, or
pursuant to court order, and
when the Administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Ocean Thermal Energy Conversion Act of 1980
Pub. L. 96–320 title I § 112 · 94 Stat. 974
Enacted · 42 U.S.C. § 9122
Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989
Source evidence
Code source credit
Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989Enacted provision · exact public law section
SEC. 112. RECORDKEEPING AND PUBLIC ACCESS TO INFORMATION. (a) Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this Act. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request. (b) Any information reported to or collected by the Administrator Confidential information. under this Act which is exempt from disclosure pursuant to section 552(b)(4) of title 5, United States Code (relating to trade secrets and confidential commercial and financial information), shall not— (1) be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has— (A) determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and (B) notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or (2) be otherwise disclosed except— (A) (i) to other Federal and adjacent coastal State government departments and agencies for official use, (ii) to any committee of the Congress of appropriate jurisdiction, or (iii) pursuant to court order, and (B) when the administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.Pub. L. 98–623 § 602(e)(3) · 98 Stat. 3394
Substituted · 42 U.S.C. § 9122(b)
Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”.Enacted provision · exact public law section
(3) in section 112(b) by striking out “confidential commercial and financial information)” and inserting in lieu thereof “commercial or financial information which is privileged or confidential)”;Pub. L. 98–623 § 602(e)(18) · 98 Stat. 3394
Substituted · 42 U.S.C. § 9122(b)(2)(B)
Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.Enacted provision · exact public law section
(18) in section 112(b)(2)(B) by striking out “administrator” and inserting in lieu thereof “Administrator”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, , 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.
Amendments
1984—Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”.
Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.
Credits
1980–1984 · 2 acts
- 1980Pub. L. 96–320, title I, § 112, , 94 Stat. 989
- 1984Pub. L. 98–623, title VI, § 602(e)(3), (18), , 98 Stat. 3412.
Show as published
(Pub. L. 96–320, title I, § 112, , 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), , 98 Stat. 3412.)